ALJDEC

99F-0271-ROC · Registrar of Contractors · 1998-12-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 17, 1998 APPEARANCES: Complainant appeared through its general superintendent, Steven Wolf, and Respondent was represented by its attorney, Jim Abdo. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, at a recess during the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record. 2. Pursuant to the terms of the aforementioned settlement agreement, the parties agreed as follows: a. Complainant agreed to repair two specified asphalt patches in the public right of way. b. The above-described remedial work shall be inspected by Bruce Rau (“Rau”), the project engineer for the city. c. Upon acceptance of the remedial work by Rau, Respondent will pay Complainant the total sum of $13,750.00 within seven (7) days of notice of said acceptance. d. Complainant will complete the above-described remedial work on or before January 30, 1999 barring any unforeseen problems with the city allowing the corrective work to proceed. e. Complainant agreed to withdraw the filed complaint. 3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement. 4. The terms of the foregoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement, which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. 99- 0271, together with the Complaint upon which it is based, be dismissed.

Done this day, December 28, 1998.

_________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of December, 1998, to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826